Effects of Recent Federal Policies on Security and Resiliency Landscapes

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1 Effects of Recent Federal Policies on Security and Resiliency Landscapes SESSION ID: PNG-F03A Dr. Nader Mehravari Resilience Management Team Software Engineering Institute Carnegie Mellon University

2 Session Abstract Recent executive orders, presidential policy directives, and federal agency activities are affecting strategies and practices for cybersecurity protection and resilience of the nation s critical infrastructure. What are they? How are they related to previous such actions? How are they affecting cybersecurity and resilience strategies of owners and operators of nation s critical infrastructure? What is the role of federal government in responding cyber attacks?

3 Setting the Stage What policy developments took place in February 2013? Why are these developments important?

4 Developments During the Week of Feb. 12, 2013 President s State of Union Address Executive Order (Improving Critical Infrastructure Cybersecurity) Presidential Policy Directive PPD 21 (Critical Infrastructure Security and Resilience) NIST s Plans for Development of a Cybersecurity Framework

5 Why are these developments important? In the past, there have been Executive Orders, Presidential Policy Directives, and/or legislative actions with major effects on: Disaster planning Crisis management Identity management Emergency communications Critical infrastructure protection Application of DR/BC/InfoSec national & int l standards Conditions are ripe for the recent policy developments to significantly affect cybersecurity and resiliency landscapes.

6 Historical Background Source of Federal Regulations Congressional Activities Presidential Executive Orders Presidential Policy Directive

7 Sources of Federal Regulations In the United States, cybersecurity and resiliency regulation comprises: Legislation from Congress Directives from the Executive Branch

8 Congressional Cybersecurity Activities Congress has been holding hearings related to cybersecurity every year since 2001 Number of bills and resolutions introduced with provisions related to cybersecurity 111 th Congress 60+ (January 2009 January 2011) 112 th Congress 40+ (January 2011 January 2013) 113 th Congress 17 (as of May 22, 2013) No comprehensive cybersecurity legislation has been enacted since 2002.

9 What are Presidential Executive Orders? United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law. Certain executive orders focus on national security issues.

10 Some Key Examples Year Administration Created 1963 JF Kennedy National Communications Systems (NCS) 1984 R Reagan Gov t Emergency Telecom. Service (GETS) 2002 GW Bush Department of Homeland Security 2003 GW Bush HSPD 7: National Infrastructure Protection Plan (NIPP) 2006 GW Bush Integrated Public Alert and Warning System (IPAWS)

11 Description of February 2013 Policy Developments Executive Order No Presidential Policy Directive PPD 21 NIST Initiating Development of a Cybersecurity Framework

12 EO # and PPD #21 Executive Order Presidential Policy Directive PPD 21 Issuance Date Tuesday, February, 12, 2013 Title Improving Critical Infrastructure Cybersecurity Overall Objective Classification Critical Infrastructure Security and Resilience To enhance the security and resilience of the Nation's critical infrastructure Unclassified

13 Messages of Executive Order & PPD Our country s reliance on cyber systems to run everything from power plants to pipelines and hospitals to highways has increased dramatically, and our infrastructure is more physically and digitally interconnected than ever The cyber threat to critical infrastructure continues to grow and represents one of the most serious national security challenges we must confront Steps must be taken to enhance existing efforts to increase the protection and resilience of critical infrastructure, while maintaining a cyber environment that encourages efficiency, innovation, and economic prosperity, while protecting privacy and civil liberties

14 Overall Objectives of EO and PPD To strengthen the security and resilience of critical infrastructure against evolving threats through an updated and overarching national framework that acknowledges the increased role of cybersecurity in securing physical assets. Together, the EO and PPD create an opportunity to reinforce the need for holistic thinking about security risk management and drive action toward a whole of community approach to security and resilience.

15 NIST Framework Development Process Engage the Framework Stakeholders Collect, Categorize, & Post RFI Responses Analyze RFI Responses Select Framework Components Prepare & Publish Preliminary Framework February 2013 NIST Issues RFI April 3, st Framework Workshop April 8, 2013 RFI Responses Posted May 15, 2013 Identify Common Practices/Themes May 29 31, nd Framework Workshop June 2013 Draft Initial Framework July rd Framework Workshop September th Framework Workshop October 2013 Publish Preliminary Framework November th Framework Workshop December 2013 Public comment period February 2014 Release Official Framework Release Official Framework

16 Closing Thoughts

17 Observation: Taking Actions Before & After major national disruptive events After Cuban Missile Crisis Presidential Memorandum of August 21, 1963 (NCS) After September 11 HSPD 1, 5, 7, 8, 12, 20, 21 Homeland Security Act of 2002 PS PREP After Mailings of Anthrax Spores Homeland Security Act of 2002 (DHS) After Hurricane Katrina EO (IPAWS) PPD 63 (CIP) EO and PPD 21 (CI Security and Resilience)

18 Observation: PPD-21 accounts for: new risk environment key lessons learned drive toward enhanced capabilities HSPD 7 Terrorist Attacks Physical Systems PPD 21 Security & Resilience of CI (protection + operating under stress) All hazards Recognizes CI cybersecurity a matter of national security

19 Question: Enable active defenses? An active shooter in a bank lobby would likely meet deadly force in response Should organizations be legally allowed to fight back when under cyber attack? Do we need policies and regulations governing such active cyber defenses?

20 Question: National defenses If a foreign state fired a missile at a US bank HQ, it would meet immediate military defense Should military-grade cyber defenses be deployed to protect US businesses that are under attack by foreign states? Do we need another exception to the Posse Comitatus Act to enable military cyber response to large-scale cyber attacks on US critical infrastructure?

21 Thank you for your attention

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